[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 8-18-1977 by Ord. No. 375, approved 8-18-1977. Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall
apply:
Ethyl alcohol of any degree or proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
including synthetic ethyl alcohol but not including ethyl alcohol,
whether or not diluted, that has been denatured or otherwise rendered
unfit for beverage purposes.
Includes any individual, whether a resident or nonresident
of the Borough of Colwyn and whether male or female.
Every way or place, of whatever nature, located within the
Borough of Colwyn, open to the use of the public as a matter or right,
for the purpose of vehicular or pedestrian travel.
It shall be unlawful for any person to willfully consume in
or upon public ways or places within the Borough of Colwyn any beverage
containing any percentage of alcohol whatsoever.
The possession of an open container containing a beverage with
any percentage of alcohol whatsoever in or upon the public ways or
places of the Borough of Colwyn shall be prima facie evidence of consumption
of such beverage in violation of this chapter.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
Any person found guilty, after hearing before a District Justice
having jurisdiction within the Borough of Colwyn, of violating any
of the provisions of this chapter shall, upon conviction thereof,
be punished by a fine of not more than $600 or, in default of payment
of the fine, by imprisonment in the Delaware County Prison for a term
not to exceed 30 days for each and every offense.
